New opinions — 2 criminal-sentencing reversals

Two opinions today, both remanding for resentencing.

First up is a defendant win from a divided panel. In the underlying case, a former local police chief pled guilty to corruption was sentenced to over 11 years. The issue that led to reversal was the district court’s application of a two-level enhancement for abuse of a position of trust.

The case is US v. Solomon. Opinion by Hardiman, joined by Scirica and and in part by Roth. Roth dissented in part because she would have affirmed. Arguing counsel were Elisa Long of the FD for Solomon and Robert Eberhardt for the government.

Today’s other case is a government sentencing win. The defendant was convicted of selling drugs and sentenced to 220 months. Today, CA3 reversed because, in two technical ways, the district court incorrectly calculated the Guideline sentence.

The case is US v. Boney. Opinion by Smith, joined by Vanaskie and Sloviter. The case was decided without argument.